a) Transition services means a coordinated set of activities for a child with a disability that—

     (1) Is designed to be within a results-oriented process, that is focused on improving the   academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

     (2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes—

          (i) Instruction;

          (ii) Related services;

          (iii) Community experiences;

          (iv) The development of employment and other post-school adult living objectives; and

          (v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.

(Authority: 20 U.S.C. 1401(34))

Last Amended: 71 FR 46762, Aug. 14, 2006

BY AGE 14

Under state law, not later than when the child reaches 14 years of age, the admission, review, and dismissal (ARD) committee must consider, and if appropriate, address:

• Appropriate child involvement in the child's transition to life outside the public school system; 
• If the child is younger than 18 years of age, appropriate parental involvement in the child's transition;
• Appropriate parental involvement in the transition of an ADULT STUDENT AND TRANSFER OF RIGHTS, if the parent is invited to participate by the adult student or the local educational agency (LEA) in which the adult student is enrolled;
• Any postsecondary education options;
• A functional vocational evaluation;
• Employment goals and objectives; 
• If the child is at least 18 years of age, the availability of age-appropriate instructional environments; 
• Independent living goals and objectives; and
• Appropriate circumstances for referring the child or the child's parents to a governmental agency for services.

BY AGE 16

Beginning not later than the first individualized education program (IEP) to be in effect when the child turns 16, or younger if determined appropriate by the ARD committee, and updated annually thereafter, the IEP must include the following:

• Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to:
  • Training;
  • Education;
  • Employment; and
  • Where appropriate, independent living skills; and
• Transition services, including courses of study, needed to assist the child in reaching those postsecondary goals.

The child's ARD committee must annually review and, if necessary, update the portions of the child's IEP that address:

• Appropriate child involvement in the child's transition to life outside the public school system;
• If the child is younger than 18 years of age, appropriate involvement in the child's transition by the child's parents and other persons invited to participate by the child's parents; or the school district in which the child is enrolled;
• If the child is at least 18 years of age, involvement in the child's transition and future by the child's parents and other persons, if the parent or other person is invited to participate by the child or the school district in which the child is enrolled; or has the child's consent to participate pursuant to a supported decision-making agreement;
• Appropriate postsecondary education options, including preparation for postsecondary-level coursework;
• An appropriate functional vocational evaluation;
• Appropriate employment goals and objectives;
• If the child is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the child for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the child's transition goals and objectives;
• Appropriate independent living goals and objectives;
• Appropriate circumstances for facilitating a referral of the child or the child's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the child on a waiting list for public benefits available to the child; and
• The use and availability of appropriate supplementary aids, services, curricula, and other opportunities to assist the child in developing decision-making skills; and supports and services to foster the child's independence and self-determination, including a supported decision-making agreement.

If the child does not attend the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING where transition services are discussed, as set forth in the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEMBERSHIP framework, the LEA must take other steps to ensure the child's preferences and interests are considered.

OTHER ISSUES RELEVANT TO TRANSITION

When determining the courses of study, the ARD committee must consider the GRADUATION framework.

The LEA must ensure that children with disabilities have access to career and technical education (CTE) classes.

When determining placement in a CTE classroom, the ARD committee must consider the child's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports.

If a participating agency, other than the LEA, fails to provide the transition services described in the IEP:

• The LEA must comply with the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING framework; and
• The ARD committee must identify alternative strategies to meet the transition objectives set out in the IEP.

TRANSFER OF PARENTAL RIGHTS 

Not later than one year before the 18th birthday of the child with a disability, the LEA must comply with the ADULT STUDENT AND TRANSFER OF RIGHTS framework.

 The LEA must:

• Post the Texas Transition and Employment Guide on the LEA's website if the LEA maintains a website; 
• Provide written information and, if necessary, assistance to the child or parent regarding how to access the electronic version of the guide at:
  • The first meeting of the child's ARD committee at which transition is discussed; and
  • The first ARD committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and
• On request, provide a printed copy of the guide to the child or parent.